UNIVERSITY 

OF  CALIFORNIA 

LOS  ANGELES 


SCHOOL  OF  LAW 
LIBRARY 


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P  E  N  N  S  Y  LV  AN  I A 


Legal  Time-Table 


CONDENSED   FROM   ACTS   OF  ASSEMBLY  AND   RULES 
OF   COURTS   IN   PENNSYLVANIA. 


BY 
WILLIAM  HARDCASTLE  BROWNE,  Esq., 

OF  THE   PHILADELPHIA   BAR, 
AUTHOR  OF   "digest  OF  DIVOECE  AND  ALIMONY,"   ETC. 


PHILADELPHIA: 

KAY    &    BROTHER, 

LAW  BOOKSELLERS,  PUBLISHERS  AND  IMPORTERS, 

17  AND  19  SOUTH   SIXTH   STREET,  EAST   SIDE. 

1875. 


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Entered  according  to  Act  of  Congress,  in  tlie  j-ear  1875,  by 

WM.   H.   BROWNE, 
In  tlie  Office  of  the  Librarian  of  Congress,  at  Washington. 


Westcott  &   Thomson,  Coi.mns,  Printer, 

Slereo/ypers  and  Eiectrotypers,  Philadn.  Philadn. 


CONTENTS. 


PAGE 

Arbitration 13 

Assignment  for  Creditors 15 

Attachment  of  Vessels 17 

Attachjients 17 

Auditors  in  Philadelphia 19 

Bill  of  Exceptions,  Philadelphia 21 

Bill  of  Particulars,  Philadelphia 21 

Building  Associations 23 

Capias 25 

Capias,  Special 27 

Carriers,  Commission  Merchants  and  Factors 27 

Certiorari 27 

Collateral  Inheritance  Tax 29 

Commissions  from  Philadelphia  Courts 31 

Constables 31 

Corporations 33 

Costs  in  Philadelphia 37 

Decedents'  Estates 37 

Deeds 39 

Depositions  in  Philadelphia 41 

Divorce 41 

Ejectment 45 

Equity 47 

Error 53 

Escheats 55 

Executions... 55 

Executors  and  Administrators 57 

Feigned  Issues  in  Philadelphia 61 

Foreign  Attachment 61 

Ground  Eents 63 

Guarantee 63 

Guardian 65 

Habeas  Corpus 65 

Inn-Keepers 67 

3 


4  CONTENTS. 


PAGE 

Insolvents 67 

Judgments  in  Philadelphia  (in  part) 69 

Judgments 71 

Justices  of  the  Peace  and  Magistrates 71 

Landlord  and  Tenant 77 

Limitations 81 

Livery-stable  Men 87 

Lunacy 87 

Mechanics'  Liens 89 

Mortgages 91 

Municipal  Claims  in  Philadelphia 93 

New  Trials  in  Philadelphia 95 

Orphans'  Court 95 

Partition 99 

Party  Walls  in  Philadelphia 101 

Pleadings  in  Philadelphia 101 

Practice 103 

Process 103 

Quo  Warranto 105 

Railroads 105 

Real  Estate 105 

Register  of  Wills 107 

Replevin 109 

Sheriff 109 

Sheriff's  Sales Ill 

Taxes  in  Philadelphia ^ 113 

Trial  by  Jury 115 

Trustees 117 

Unseated  Lands 117 

Viewers 119 

Wages 119 

Warrant  of  Arrest  in  Civil  Actions 119 

Waste 121 

Widow 121 

Witnesses  in  Philadelphia 123 


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PENNSYLVANIA  LEGAL  TIME-TABLE. 


ARBITRATION. 

1.    VOLUJ^TAEY. 

The  referee  must  be  an  attorney  of  the  Supreme  Court. 

The  submission  must  be  filed  with  notice  to  the  ref- 
eree, who  has  twenty  days  to  file  acceptance  with  oath  to 
act  impartially.  During  this  time,  the  referee  shall  ap- 
point the  time  and  place  of  meeting.  Receives  $10  per 
diem. 

[Phila.  After  notice  of  report  filed,  four  days  are 
allowed,  excluding  Sunday,  to  file  exceptions,  with  affida- 
vit, during  which  time  execution  shall  not  issue.] 

2.  CoMPULSOEY. — (Not  applicable  to  Philadelphia.) 

After  narr.  filed,  either  party  may  enter  a  rule  of  ref- 
erence and  notice  of  intention  to  choose  arbitrators 
within  thirty  days.  If  the  case  be  on  the  trial  list,  arbi- 
tration must  be  by  mutual  consent  within  thirty  days 
before  or  during  Ct.  session,  unless  the  case  have  been 
previously  continued  to  next  term.  A  certified  copy  of 
the  rule  must  be  served  on  opponent  fifteen  days  before 
day  of  appointment. 

Three  to  five  arbitrators  may  be  chosen,  as  the  parties  or 
Protliy.  decide.  If  five,  each  party  nominates  two.  If 
objected  to,  he  nominates  up  to  six  to  be  selected  from. 
Each  party  may  nominate  up  to  seven  for  an  umj^ire. 
If  all  be  objected  to,  Prothy.  nominates  up  to  seven.     If 


13 


PENNSYLVANIA    LEGAL    TIME-TABLE.  15 

all  these  be  objected  to,  he  chooses  five,  and  the  parties 
strike  out  alternately  until  one  be  left.  Same  process 
where  no  selection  of  arbitrators  by  the  parties. 

If  one  party  only  be  present,  the  Prothy.  acts  for  the 
other.  If  no  agreement  as  to  meeting,  the  Prothy. 
chooses  a  day  from  ten  to  twenty  days  off.  Party  en- 
tering rule  gives  ten  days'  notice  of  meeting.  Same 
notice  to  produce  books  and  papers. 

The  award  must  be  filed  in  seven  days  after  it  be  given, 
or  no  compensation  will  be  allowed  to  the  arbitrator.  It 
remains  a  lien  for  five  years,  and  may  be  revived  by  sci. 
fa.  Tw^enty  days  are  allowed  after  the  award  be  filed,  in 
which  to  aj^peal,  the  witness  costs  being  first  paid. 


ASSIGNMENT  FOR  CREDITORS. 

The  assignment  must  be  recorded  in  the  Recorder's 
office  within  thirty  days  from  the  date  of  its  execution ; 
and  the  inventory,  with  affidavit  of  assignee,  must  be 
filed  in  Com.  Pleas  Ct.  office  during  the  same  time.  The 
judge  appoints  two  or  more  appraisers. 

Where  the  Commonwealth  has  a  lien,  the  assignee 
should  give  fifteen  days'  notice  of  the  sale  to  the  And. 
Gen.  or  the  State  Treas. 

After  one  year,  the  court  may  cite  the  assignee  to  file 
his  account.  One  year  is  allow^ed  to  ajDpeal  to  the  Su- 
preme Court. 

[Phila.  Vide  Advertisements.  File  exceptions  by 
the  first  day  of  the  succeeding  term,  or  the  account  will 
be  confirmed.] 

l_Vide  Auditors  in  Phila.] 


PEXXSYLVAXIA    LEGAL    TIME-TABLE.  17 


ATTACHMENT  OF  VESSELS. 

Attachments  are  granted  by  the  Common  Pleas  Court, 
where  no  previous  admu-alty  process  has  issued. 

The  Sheriff  advertises  in  one  joaper,  once  a  week,  six 
times,  the  name,  port  and  captain,  the  proposed  sale,  un- 
less the  vessel  be  discharged  in  three  months,  and  also 
notice  to  file  claim  within  three  months.  Sale  will  take 
place  after  three  months'  publication. 

[Allegheny.  Lien  for  three  months'  wages  and 
within  sixty  days  after  the  wages  become  due.  Other 
liens  must  be  sued  within  two  years  after  the  cause  of 
action  accrues.] 

ATTACHMENTS. 

1.  Domestic,  seldom  resorted  to. 

2.  FoREiGX,  vide  Foreign  Att. 

3.  In  execution,  sur.  judgt.  (vs.  Garnishee),  the  writ 
is  returnable  the  next  return  day  or  the  next  term. 
[Phila.  Interrogotaries  with  rule  on  garnishee  to  an- 
swer in  tAventy  days  as  in  Foreign  Att.  Forty-eight 
hours'  notice  of  hearing  of  rule  for  judgment  on  the  an- 
swers filed  should  be  given.  No  narr.  Rule  to  plead 
in  eight  days  where  the  answers  are  unsatisfactory.] 
Vide  Justices. 

4.  To  ENFORCE  DECREES  in  the  Orphans'  Court  and  in 
Equity. 

5.  Vs.  Sheriffs  and  Constables  for  the  non-return 
of  process,  etc. 

6.  For  alimony. 


PENNSYLVANIA    LEGAL    TliVIE-TABLE.  19 

7.  Vs.  non-residents'  property.      Vide  Justices. 

8.  Vs.  Attorney,  retaining  money  or  papers. 

9.  Vs.  recusant  witnesses,  subpoenaed  by  courts,  ar- 
bitrators, auditors,  coroner,  registers  and  commissioners. 

10.  For  contempt  of  court,  punishable  by  three 
months'  imj^risonment  or  less. 

11.  Vs.  ABSCONDING  DFT.  in  the  Orphans'  Court. 

12.  Vs.  Insolvent  banks. 

13.  Vs.  STOCK  held  in  another's  name. 

14.  Under  Act  March  17,  1869,  where  there  has 
been  fraudulent  removal,  concealment  or  assignment. 
Where  no  personal  service,  after  the  first  day  of  the  sec- 
ond term,  proceed  as  in  Foreign  Att. 

15.  Phila.  Vs.  absconding  dft.'s  property  in  cer- 
tain actions  for  personal  torts. 


AUDITORS  IN  PHILADELPHIA. 

[  Vide  Advertisements.] 

In  Orph.  Ct.  auditors  are  appointed  only  by  the  request 
of  all  the  parties.  Except  in  Com.  Pleas  Ct.  No.  3,  aud- 
itors must  have  been  2  years  at  the  bar. 

Notice  of  auditor's  intention  to  file  report  must  be 
given  in  Com.  Pleas  Ct. ;  in  Orph.  Ct.  10  days'  notice; 
in  U.  S.  Ct.  2  weeks'  notice — may  be  waived. 

In  Orph.  Ct.  report  filed  on  Saturday,  and  if  no 
exception,  confirmed  on  second  Saturday  afterward. 
Confirmed  in  Com.  Pleas  Ct.  7iisi  when  filed  ;  eio-ht 
days  thereafter  to  file  exceptions.  Distribution  in  twenty 
days  if  no  writ  of  error  be  taken. 

In  Com.  Pleas  Ct.  when  issue  desired,  request  must  be 
made   in   writing  of  the  auditor,  with  affidavit,  within 


PENNSYLVANIA    LEGAL    TIME-TABLE.  21 

forty-eiglit  hours  after  the  hearing  is  ended.  The  aud- 
itor must  file  his  report  within  sixty  days  after  his 
appointment,  or  it  may  be  vacated,  unless  the  time  be 
enlarged. 


BILL  OF  EXCEPTIONS,  PHILADELPHIA. 

The  exceptions  must  be  presented  to  the  Judge  within 
ten  days  after  the  verdict,  who  has  twenty  days  thereafter 
to  settle  the  same,  on  application,  with  forty-eight  hours' 
notice  to  opponent  and  copy  of  exceptions  served  on  him. 
In  U.  S.  Ct.  two  weeks  after  verdict. 

Exceptions  to  the  Judge's  charge  must  be  taken  before 
the  jury  retire. 

Points  to  be  charged  upon  must  be  handed  the  Judge 
at  the  close  of  the  evidence,  before  the  argument. 

Where  a  nonsuit  is  ordered  for  insufficiency  of  evidence, 
or  where  a  verdict  with  a  point  reserved,  or  a  verdict  re- 
duced or  set  aside  on  a  reserved  point,  ten  days  thereafter 
are  allowed  to  file  exceptions. 


BILL  OF  PARTICULARS,  PHILADELPHIA. 

If  not  furnished  in  three  months  after  demand,  the 
court  may  order  the  common  counts  stricken  off,  and  if 
no  special  counts  exist,  may  nonsuit,  on  motion,  where  no 
good  cause  to  the  contrary  be  shown.  In  U.  S.  Ct.  two 
months  after  demand,  nonsuit  on  two  weeks'  notice. 


PENNSYLVANIA    LEGAL    TIME-TABLE.  23 

BUILDING  ASSOCIATIONS. 

(A.)  Act  April  12,  1859. 

Ten  or  more  persons  requisite  as  corporators.  [Phila. 
By  Act  February,  1853.     Twelve  persons.] 

Capital  stock  $500,000.  2500  shares,  $200  each. 
Charter  granted  by  Com.  Pleas  Ct.  [  Vide  Corporations. 
Act  October  13,  1840.] 

No  periodical  payment  of  over  $2  jyer  share. 

Stockholder  may  withdraw  on  30  days'  notice,  unless 
his  stock  be  pledged  for  security.  Entitled  to  amount 
paid  and  j^roportion  of  profits,  less  fines,  etc.:  Provided, 
except  by  consent  of  the  directors,  only  one-half  of  the 
funds  at  any  time  can  be  so  applied. 

The  highest  bidder  is  entitled  to  a  loan  of  $200  or 
more  upon  each  share. 

Where  non-payment  of  instalments  or  interest  by 
borrowing  stockholders  for  six  months,  payment  of  the 
principal  and  interest,  without  deducting  premium  paid, 
may  be  enforced  by  legal  proceedings  on  securities. 

A  borrower  repaying  a  loan  before  the  end  of  the 
eighth  year  of  organization  should  be  refunded  one- 
eighth  of  the  premium  paid  for  each  preceding  year. 

The  association  cannot  hold  over  fifty  acres  of  land, 
and  must  dispose  of  it  in  10  years  from  organization. 

(B.)  Act  April  29,  1874. 

Five  or  more  persons  are  required  as  corporators.  Aji- 
plications  should  be  advertised  in  two  papers  of  proper 
county  for  three  weeks.  Acknowledgment  should  be 
made  before  the  Recorder  by  at  least  three  original  sub- 
scribers. The  Governor,  after  examination,  may  direct 
incorporation.     [  Vide  Corporations.] 


PENNSYLVANIA    LEGAL    TIME-TABLE.  25 

Capital  stock  not  over  $1,000,000  maximum.  Shares 
$500  each.  If  issued  in  series,  no  one  series  shall  be 
over  $500,000. 

Withdrawing  stockholder  is  entitled  to  interest  after 
one  year. 

Hio;hest  bidder  is  entitled  to  a  loan  on  each  share  of 
not  more  than  the  amount  fixed  by  the  charter  for  the 
full  value  of  a  share. 

Other  points  of  time  are  similar  to  the  former  act. 


CAPIAS. 

Plaintiff  with  notice  has  twenty  days  after  return  day 
to  except  to  bail.  [Phila.  With  forty-eight  hours' 
notice  to  Sheriff  and  defendant,  bail  examined  and 
approved.]  Bail  must  justify,  or  new  bail  be  substituted 
and  justify,  within  ten  days  after  notice  of  exception. 
[Phila.     With  forty-eight  hours'  notice  of  justification.] 

[Phila.  Rules  to  show  cause  of  action  and  discharge 
on  common  bail  must  be  moved  within  six  days  from  the 
return  day  of  the  process.] 

Bail  may  surrender  principal  within  fourteen  days 
after  the  writ  be  served  on  them  :  4  P.  L.  J.  360.  Ten 
days  if  before  justice. 

Unencumbered  freehold  to  the  extent  of  £50  exempts 
from  arrest.  If  in  the  county,  defendant  need  only  show 
existence  and  value.  Plaintiff  may  show  the  encum- 
brance. If  out  of  county,  defendant  must  produce 
searches  that  it  is  clear  of  encumbrance :  2  M.  342. 


PENNSYLVANIA    LEGAL    TIME-TABLE.  27 

CAPIAS,  SPECIAL. 

Where  special  capias  is  issued  against  a  defendant 
about  to  remove,  the  Sheriff  shoukl  make  return  within 
ten  days. 

The  writ  issues  where  the  bail  in  any  action  assigns  for 
creditors,  or  removes  or  is  about  to  remove,  upon  affidavit, 
with  rule  and  three  days'  notice  to  defendant,  previous 
request  having  been  made  on  the  defendant  to  find  addi- 
tional bail. 


CARRIEES,   COMMISSION   MERCHANTS    AND 

FACTORS. 

Where  a  lien  exists  against  the  owner  or  consignee  for 
charges  on  goods,  after  sixty  days  from  personal  demand 
made,  sell  at  auction  sufficient  to  pay  charges  and  costs. 
Notice  of  the  sale  should  be  published  for  three  weeks  in 
one  paper,  and  six  handbills  posted. 

Where  an  affidavit  alleges  that  the  owner  and  con- 
signee are  unknown,  a  Judge  will  authorize  a  sale  upon 
sucli  terms  and  notice  as  he  thinks  proper.  If  perishal^le 
property,  a  Justice  may  do  it. 


CERTIORARI. 

To  set  the  judgment  of  a  justice  aside,  the  writ  from 
the  Court  must  issue  within  twenty  days  after  the  judg- 
ment, and  be  served  within  five  days  thereafter.  If, 
however,  the  record  shows  no  jurisdiction,  or  the  sum- 
mons wrongly  served,  or  of  fraud,  defendant  not  appear- 


PENNSYLVANIA    LEGAL    TIME-TABLE.  29 

ing,  the  writ  may  issue  within  twenty  days  after  the 
knowledge  of  the  judgment  by  the  defendant. 

To  set  aside  an  execution,  the  writ  must  be  served 
within  twenty  days  after  the  execution  was  issued. 

Six  days'  notice  must  be  given  to  opponent  of  an 
intended  motion  to  certiorari  an  indictment  to  the  Supr. 
Ct.     [Vide   Error.] 

[Phila.  Exceptions  must  be  filed  and  record  returned 
two  days  before  the  first  day  of  argument.  In  landlord 
and  tenant  cases,  a  certiorari  is  a  supersedeas,  if  issued 
within  ten  days  from  the  date  of  the  judgment.] 


COLLATEEAL  INHERITANCE  TAX. 

Five  per  cent,  charged  on  estates  over  $250.  Penalty 
after  one  year.  Discount  allowed  if  the  tax  be  paid 
within  three  months.     Remainder   men   elect  when    to 

pay. 

Executors,  etc.,  have  six  months  to  give  notice  to 
Register,  or  one  month  thereafter  after  knowledge. 

Thirty  days  after  the  appraisement  to  appeal  to  Orph. 
Ct. 

Where  Register  cannot  cite  executor  and  heirs,  he 
shall  advertise  in  one  paper  once  a  week  for  four  Aveeks. 

Payment  is  presumed  after  twenty  years. 


PENNSYLVANIA    LEGAL    TIME-TABLE.  31 

COMMISSIONS    FEOM    PHILADELPHIA 

COURTS. 

Forty-eight  hours'  notice  must  be  given  of  a  rule  for  a 
commission  to  take  testimony  in  other  States.  U.  S.  Cts. 
ten  clays'  notice. 

Interrogatories  with  the  name  of  the  commissioner 
must  be  filed  and  copy  served  fifteen  days  before  the 
commission  issues.     In  U.  S.  Ct.  two  weeks. 

Counsel  must  not  be  present  before  the  commissioner. 

Exceptions  may  be  filed  within  ten  days  after  notice 
of  return  of  commission.  U.  S.  Ct.  two  weeks.  Ten 
days  thereafter  to  move  for  decision  on  exceptions,  aliter, 
they  may  be  argued  at  the  trial. 

[  Vide  Depositions.] 


CONSTABLES. 

A  levy  is  a  lien  for  twenty  days,  during  which  time 
the  sale  may  take  place  after  three  bills  posted.  An 
alias  execution  may  be  subsequently  issued,  if  the  time 
expire. 

Exemption  should  be  claimed  before  the  day  of  sale. 
Property  of  non-residents  of  State,  also  partnership 
property,  cannot  be  exempted. 

Where  an  execution  is  not  returned,  a  justice  or  magis- 
trate may  summon  the  constable  to  aj)pear  within  eight 
days.  To  sue  a  constable  for  an  act  done  under  a  war- 
rant of  a  justice,  make  a  written  demand  on  the  constable 
for  a  certified  copy  of  the  warrant.     If  it  be  supplied, 


PENNSYLVANIA    LEGAL    TIME-TABLE.  33 

the  justice  also  becomes  a  defeodaiit,  thirty  days'  notice 
of  intended  suit  being  given  him.  If  neglected  for  six 
days,  the  constable  may  be  the  sole  defendant. 


CORPORATIONS. 

(A.)  By  Act  Oct.  13, 1840,  and  amendments. 

Where  the  charter  is  filed  in  Com.  Pleas'  Ct.,  adver- 
tise application  in  one  paper  three  weeks.  The  Court 
will  decree  incorporation  at  the  next  term.  Record  char- 
ter in  Recorder's  office. 

Advertise  application  to  court  for  dissolution  in  two 
papers  near  the  chief  office. 

In  suing  a  company  incorporated  here,  but  having  its 
office  and  officers  outside  the  State,  publish  process  in 
one  paper,  as  the  court  may  direct,  six  weeks  before  re- 
turn day.  Sue  in  the  county  where  the  business  of  the 
company  had  been  transacted,  or  where  the  jDroi^erty  or 
works  are  located. 

Where  foreign  attachment,  the  clerk  or  agent  must 
notify  the  principal  in  thirty  days,  or  liable  for  treble 
damages. 

Where  effects  are  concealed,  the  court  cites  an  officer 
to  answer  interrogatories  on  fifteen  days'  notice  before 
return  day,  under  penalty  of  attachment. 

(B.)  Under  Act  29th  Apeil,  1874. 

Corporation  formed  by  five  or  more  persons.  Appli- 
cation should  be  advertised  in  two  papers  of  proper 
county  three  weeks.  Same  notice  for  amendments.  Ac- 
knowledgments of  at  least  three  original  subscribers  must 
be  made  before  the  Recorder  of  Deeds. 


PENNSYLVANIA    LEGAL    TIME-TABLE.  35 

If  the  company  be  one  not  for  i^rofit,  any  law  judge 
after  examination  may  order  incorporation.  If  for  profit, 
the  Governor,  after  examination,  may  approve  and  direct 
letters  patent  to  be  issued. 

Stockholders  in  arrears  for  thirty  days  are  barred  from 
voting.  They  are  liable  individually  to  the  amount  of 
stock  held  by  each  for  the  work  done  and  materials  fur- 
nished to  carry  on  the  operations  of  the  company. 

In  any  action  or  bill  in  equity,  the  Plaintiff  may  in- 
clude one  or  more  of  the  stockholders.  Suit  therefor  must 
be  brought  within  six  months  after  debt  due.  Execution 
shall  first  be  made  on  corporation  property  in  the  county. 

Thirty  days'  publication  of  notice  of  a  meeting  to  issue 
preferred  stock  is  requisite. 

A  corporation  desirous  of  increasing  its  capital  stock  or 
indebtedness  should  publish  the  notice  of  an  intended 
meeting  once  a  week  for  sixty  days,  in  one  paper  in  the 
county  of  the  chief  oflice. 

No  one  can  vote  on  a  share  transferred  within  sixty 
days,  nor  by  proxy  executed  within  three  months. 

Thirty  days  are  given  to  file  return  with  Secretary  of 
State. 

(C.)  In  Actions  vs.  Stockholders. 

Service  of  process  in  county  like  ordinary  summons. 
If  stockholder  in  another  county,  service  by  Sheriff  of 
such  county.  If  non-resident  of  State,  publish  notice  of 
suit  four  times  in  a  newspaper  in  original  county,  and 
also  in  the  State  where  the  stockholder  lives,  as  the  coui't 
may  direct,  and  mail  a  copy  of  the  publication  to  P.  O. 
address,  if  it  can  be  ascertained.  Limitation  of  such 
action  to  six  vears  after  the  debt  was  due  or  neolect  of 
duty. 


PENNSYLVANIA    LEGAL    TIME-TABLE.  37 


COSTS  IN  PHILADELPHIA. 

Taxed  with  twenty-four  hours'  notice  between  2  and  o 
o'clock  p.  M.  The  party  appealing  has  three  days  there- 
after to  file  items  objected  to,  and  grounds  therefor. 


DECEDENTS'  ESTATES. 

No  unsecured  debt  is  a  lien  over  five  years  after  the 
decease  of  the  debtor,  unless  the  suit  be  duly  prosecuted ; 
or,  if  the  debt  be  not  due,  a  statement  thereof  be  filed 
with  the  Prothy.  Judgments  are  liens  for  five  years  after 
death,  though  not  revived  by  sci.  fa. 

Devisees,  heirs,  etc.,  must  apply  within  five  years,  un- 
less incapacitated ;  then  five  years  from  the  removal  of 
the  disability.  In  cases  of  personalty,  the  relatives  of 
the  intestate  must  claim  within  seven  years. 

Heirs  accepting  lands  under  an  appraisement  must 
give  security  to  pay  the  other  heirs  within  twelve  months. 
After  twenty  years  presumed  paid. 

Where  a  residuary  estate  is  bound  by  a  contingent  or 
postponed  legacy,  the  executor  after  one  year  may  petition 
the  Court  to  exempt  a  part  of  the  real  estate  from  the 
charge.  One  year  to  appeal,  if  the  petition  be  granted. 
Executor  every  year  thereafter  shall  report  to  the  Court 
the  condition  of  such  retained  property. 

If  plaintiff"  die,  and  no  letters  be  taken  out  in  this 
State  within  one  year  after  his  death  have  been  suggested, 


PENNSYLVANIA    LEGAL    TIME-TABLE.  39 

the  suit  abates  and  the  Protliouotaiy  makes  entry,  pro- 
vided the  Court  directed  notice  served  on  executor  or  next 
of  kin  one  month  before. 

Bequests  or  conveyances  to  charities,  etc.,  made  within 
one  month  of  decedent's  death  are  void. 

Where  an  action  to  enforce  a  real  contract  of  decedent, 
the  contract  must  first  be  recorded,  and  notice  given, 
allowing  six  weeks'  time  after  the  next  succeeding  Court 
for  defendant  to  apply  for  leave  to  execute  a  deed. 

If  a  sale  in  partition  occur  within  two  years  after 
decedent's  death,  real  estate  in  hands  of  purchaser  is  not 
liable  for  decedent's  debts. 

[Phila.  Notice  to  absent  heirs,  legatees,  etc.  Vide 
Advertisement.] 

[  Vide  Collateral  Inheritance  Tax,  Escheats,  Executors 
and  Administrators,  Guardian,  Limitations,  Orph.  Ct., 
Register,  Widow.] 


DEEDS. 

Unless  recorded  within  six  months,  deeds  are  void 
against  subsequent  bona  fide  purchasers  and  mortgagees, 
with  prior  record.  Twelve  months  where  the  deed  is 
executed  outside  of  the  State. 

If  land  in  two  counties,  file  exemplification  in  second 
county. 

The  owner  of  land  may  demand,  on  six  months'  notice, 
the  recording  or  delivery  of  title  papers  held  by  another, 
or  the  Court  will  oraiit  decree. 

Advertise  lost  deed  three  weeks  before  askins;  Court 


PENNSYLVANIA    LEGAL    TIME-TABLE.  41 

for  decree  on  testimony  adduced.     [Phila.      Vide  Ad- 
vertisement.] 

The  Recorder  is  liable  for  five  years  for  false  searches. 


DEPOSITIONS  IN  PHILADELPHIA. 

Depositions  cannot  be  read,  where  the  witness  is  a  resi- 
dent of  the  State  and  within  forty  miles,  unless  a  subpoena 
be  taken  out  (witness  being  in  the  State)  and  witness  be 
subpoenaed,  or  not  found  after  effort  made. 

Deposition  of  any  witness  taken  on  eight  days'  no- 
tice. 

Depositions  of  ancient,  infirm  and  going  witnesses,  and 
on  rules  to  show  cause  on  forty-eight  hours'  notice, 
Sunday  excluded.  For  cause,  Court  may  reduce  this 
to  six  hours. 

Except  as  to  execution,  form,  etc.,  in  ten  days  after 
notice  of  depositions  filed.  May  be  argued  at  trial  or 
within  ten  days  after  exception  filed. 

[  Vide  Commissions.] 


DIVORCE. 

The  libellant  must  have  resided  the  last  year  in  the 
State. 

Where  desertion  is  the  cause,  the  action  may  be  com- 
menced six  months  after  the  act,  but  two  years  must 
expire  before  tlie  divorce  be  decreed. 

Marriage  on  false  rumor  of  death  of  one  absent  two 


PENNSYLVANIA    LEGAL    TIME-TABLE.  43 

years  is  not  adultery.  Six  months  is  allowed  after  return 
for  the  absentee  to  claim  his  partner,  or  to  ask  the  Court 
to  dissolve  the  marriage. 

Two  years'  sentence  for  a  felony  is  a  cause  for  divorce. 

Either  party  may  demand  a  jury  trial  before  the 
examiner's  report  be  filed. 

The  libel,  endorsed  by  a  Judge,  must  be  filed  thirty 
days  before  the  next  term. 

The  subpoena  must  be  served  personally  fifteen  days 
before. 

Sheriff,  with  the  written  consent  of  a  Judge,  may 
deputize  another  Sheriff  in  any  part  of  the  United  States 
to  serve  the  subpoena  personally  and  make  return  thereto. 

[Phila.  Appearance  should  be  entered  by  the  re- 
spondent within  ten  days  after  return  of  writ.  If  not 
done  in  twenty  days,  proceedings  ex  parte,  with  twenty 
days'  notice  of  the  time  and  place  of  taking  testimony. 
Rule  to  answer  in  thirty  days.  Interrogatories  with 
notice  of  meeting,  and  names,  residence  and  business  of 
witnesses,  must  be  served  personally  ten  days  before  the 
meeting.  Respondent  at  any  time  before  the  expiration 
of  the  ten  days  may  file  cross  interrogatories.  If  re- 
spondent is  not  so  served  after  personal  service  of  the 
subj)cena,  publication  should  ensue.  \_Vide  Advertise- 
ments.] Respondent  may  file  interrogatories  with  ten 
days'  notice  to  libellant  to  file  cross  interrogatories. 
Commission  may  issue  with  fifteen  days'  notice.  Where 
proceedings  are  ex  parte,  post  co])y  of  interrogatories  and 
notice  in  Prothonotary's  office  ten  days  before  the  exami- 
nation of  witnesses.  Alimony  pendente  lite  usually 
dates  back  to  the  return  day  of  the  writ.  Personal 
service  should  be  made  of  a  rule  for  a  decree  one  week 


PENNSYLVANIA    LEGAL    TIME-TABLE.  45 

before  the  decree  is  granted,  aUter  publication.  \_Vide 
Advertisements.] 

If  subpoena  be  not  served,  issue  alias  to  any  subsequent 
term.  If  then  no  service.  Sheriff  on  being  ordered  will 
publish  to  the  next  term  the  order  of  publication  four 
weeks  in  one  paper.  Hence  three  distinct  terms  are 
required  to  perfect  the  entire  process. 

[Phila.  Vide  Advertisements,  also,  as  to  rule  for  a 
decree.  Post  and  file  interrogatories  with  names,  etc.,  in 
Prothonotary's  office  ten  days  before  hearing.] 

One  year  to  appeal  to  Supr.  Ct. 

Libellant  cannot  testify  unless  the  respondent  liave 
been  personally  served,  or  appears  and  defends. 


EJECTMENT. 

Entered  in  judgment  index  at  outset. 

No  entry  will  arrest  the  Statute  of  Limitations  unless 
ejectment  be  brought  in  one  year  thereafter. 

Adverse  possession  for  twenty-one  years  forces  claim- 
ant to  prove  title  under  Statute  of  Limitations.  Where 
plaintiff  is  under  legal  disability,  the  action  must  be 
brought  within  ten  years  from  its  removal,  not  in  all 
to  exceed  thirty-one  years.  If  statute  pleaded,  mesne 
profits  prior  to  the  last  six  years  are  barred. 

Praecipe  describes  property.     No  narr.  needed. 

Defendant  is  not  bound  to  appear  until  the  second 
terra,  nor  can  there  be  judgment  until  then. 

In  vendor's  action  to  enforce  specific  performance  of 


PENNSYLVANIA    LEGAL    TIME-TABLE.  47 

a  contract  of  sale  against  an  absent  vendee  of  unoccupied 
land,  "publish  rule  to  appear  and  plead  sixty  days  before 
return  day  three  times  in  one  newspaper.  Judgment 
then  by  default.  Same  rule  in  ejectment  brought  by 
claimants  and  mortgagees  of  such  land,  except  actual 
notice  must  be  given  before  trial  and  judgment. 

In  ejectment  for  unoccupied  land  sold  for  taxes,  pub- 
lish rule  on  absent  defendant  to  appear  and  plead  sixty 
days  successively  before  return  day  in  a  weekly  or  daily 
paper.     Judgment  then  by  default. 

Two  verdicts  for  one  party  bar  a  third  action  between 
the  same  parties. 

Where  verdict  and  judgment,  claimant  may  be  ruled 
to  commence  another  action  within  two  years,  or  show 
cause.  Where  a  nonsuit,  or  verdict  for  defendant,  plain- 
tiff may  be  ruled  to  sue  out  a  writ  of  error  in  one  year, 
or  be  for  ever  barred.  Thereupon  defendant  may  rule 
plaintiff  to  bring  second  action  within  one  year,  or  show 
cause. 

After  a  writ  of  hab.  fac.  poss.  returned,  Ct.  may  order 
alias  within  three  years. 


EQUITY. 

Endorse  on  printed  bill  notice  to  defendant  to  appear 
within  fourteen  days  or  bill  taken  pro  confesso. 

Where  a  bill  relates  to  real  estate,  on  request,  the 
Prothy.  makes  entry  in  judgment  index  at  outset.  Each 
party  is  entitled  to  ten  copies  of  all  the  pleadings. 


PENNSYLVANIA    LEGAL    TIME-TABLE.  49 

Injunction  bills  will  be  dismissed,  unless  in  twenty 
days  printed  copies  be  filed  and  served. 

Where  a  bill  is  taken  j)ro  confesso,  the  decree  is  abso- 
lute, unless  set  aside  by  the  court  within  fourteen  davs 
after  service  of  notice  of  such  decree. 

Rule  to  plead,  answer  or  demur  in  thirty  days.  De- 
murrer and  pleas  must  have  an  affidavit  of  not  interposed 
for  delay.  If  plaintiff  does  not  set  them  down  for  argu- 
ment in  ten  days  after  service  thereof,  defendant  may  do 
so  on  five  days'  notice. 

Interrogatories  and  rule  to  answer  within  ten  days  may 
be  filed  by  either  party.  Answers  thereto  may  be  com- 
pelled by  attachment.  Objections  to  an  interrogatory 
may  be  argued  on  forty-eight  hours'  notice.  Exception 
to  a  particular  answer  for  insufficiency  must  be  filed  and 
served  ten  days  before  hearing.  If  sustained,  defendant 
has  ten  days  to  file  amended  answer.  Exceptions  to  an 
answer  for  scandal  and  impertinence  must  be  filed  in  ten 
days  after  service  of  answer,  and  the  case  heard  on  forty- 
eight  hours'  notice.  If  allowed,  ten  days  are  given  to 
perfect  answer.  Other  exceptions  to  answer  to  interrog- 
atories filed  in  twenty  days  after  service. 

Exceptions  to  answers  to  the  bill  must  be  filed  and 
served  ten  days  before  hearing.  If  no  exceptions  to  the 
answer,  or  if  held  sufficient,  plaintiff  should  reply  in  ten 
days.     May  be  ruled  to  do  so. 

Before  replication  filed,  i^laintifi"  without  notice  may 
have  leave  to  amend  the  bill  within  twenty  days. 

Where  a  personal  representative  of  decedent  is  to  be 
joined,  ten  days'  notice  must  be  given  him  to  appear. 

Fifteen  days'  notice  must  be  given  of  a  commission. 
After  notice  by  Prothy.  of  its  return,  ten  days  are  allowed 


PENNSYLVANIA    LEGAL    TIME-TABLE.  51 

to  file  exceptions ;  heard  on  forty-eight  hours'  notice. 
Depositions  of  ancient,  etc.,  witnesses  on  reasonable 
notice.  ' 

Either  party  may  rule  opponent  to  close  testimony  in 
thirty  days.     Court  may  enlarge  the  time. 

Party  asking  the  appointment  of  a  master  should  refer 
the  case  to  him  within  ten  days,  aliter  the  other  party 
may  do  it  at  the  expense  of  the  former.  The  master 
should  give  ten  days'  notice  of  filing  his  report.  Exce|)- 
tions  thereto  should  be  filed  Avith  him. 

To  place  a  case  on  the  equity  argument  list,  four  days 
should  intervene.  [Phila.  Com.  Pleas  Ct.  three  days 
before  calling  of  list  with  three  days'  notice  to  opponent.] 

If  no  exceptions  filed,  report  will  be  confirmed  in 
twenty  days  after  being  filed. 

Injunctions  granted  without  previous  notice  will  be 
dissolved,  unless  motion  argued  within  five  days  after 
such  notice  given. 

[Phila.  Rules  expiring  in  July  or  August  are  deemed 
to  expire  on  the  same  day  in  September.] 

Counsel  should  frame  decree  and  serve  a  copy  with 
notice  three  days  before  submitting  it  to  court,  to  give 
time  to  file  exceptions. 

[U.  S.  Equity  Cts.  in  Phila.  Printed  rules  exist,  but 
have  practically  fallen  into  disuse.] 


PEXNSYLYANLA    LEGAL    TIME-TABLE,  53 


ERROR. 

Where  writ  is  issued  for  delay,  Supreme  Ct.  assess  six 
per  cent,  damages  on  judgment,  $20  attorney  fee  and  cost 
of  printing.  Limited  to  two  years  after  the  judgment,  or 
decree  obtained  since  A^^ril  1,  1874. 

Murder  and  manslaughter,  thirty  days  after  sentence ; 
hearing  in  Supreme  Ct.  should  be  within  thirty  days 
thereafter.  Must  be  taken  out  within  twenty  days  from 
a  decree  of  distribution  (in  Com.  Pleas  Ct.)  of  j)roceeds 
of  Sheriff's  sale,  or  court  will  order  the  money  paid. 

Execution  is  stayed,  where  a  writ  of  error  is  taken  out 
within  twenty-one  days  after  the  judgment.  Supersedeas 
even  after  twenty-one  days,  where  no  actual  levy  made. 

Twenty  days'  notice  given  to  except  to  bail,  with  ten 
days  thereafter  to  justify  or  nol.  pros,  by  Prothy. 

\_JVol.  pros,  in  Supreme  Ct.  Eastern  District,  where  ex- 
ceptions and  record  are  not  filed  by  first  Monday  in  Jan- 
uary in  Philadelphia  cases.] 

Plaintiff  by  third  day  of  term  to  which  returnable  must 
file  specification  of  errors. 

If  no  appearance  when  case  called,  proceed  ex  parte, 
ten  days'  notice  having  been  given  to  defendant. 

If  writ  of  error  be  pending  three  years,  j^huntiflf  must 
be  ready  at  next  call  and  give  thirty  days'  notice  to  de- 
fendant, or  be  non  prossed. 

[Phila.  Short  causes  will  be  heard  in  Supreme  Ct.  on 
Tuesday,  and  from  country  on  Wednesdays.  Paper- 
books  must  be  served  by  plaintiff  in  error  ten  days  before 
the  argument,  and  by  defendant  three  days  before.] 

Paper-books,  in  cases  originating  out  of  Philadelphia, 


PENNSYLVANIA    LEGAL    TIME-TABLE.  OO 

must  be  served  by  plaintiff  in  error  ten  days  oefore  the 
day  appointed  for  the  hearing,  and  by  defendant  three 
days  before ;  but  if  the  writ  was  taken  thirty  days  before 
the  day  assigned,  the  paper-book  of  plaintiff  must  be 
served  twenty  days,  and  that  of  defendant  five  days  before 
such  appointed  time. 

[Vide  Certiorari.     Also  Bill  of  Exceptions  in  Phil- 
adelphia.] 


ESCHEATS. 

Where  the  c.  q.  trust  is  unknown  for  seven  years,  his  in- 
terest escheats.  Twenty  days'  notice  to  claimants.  Sher- 
iff's sale  after  ten  days'  notice.  Lands  sold  after  seven 
years  upon  advertising  one  month  in  two  papers. 

Persons  under  disability  have  two  years  after  its  re- 
moval to  claim  personal  property,  and  four  years  to  claim 
real  estate.  Non-residents  have  five  years  from  sale  of 
goods,  and  seven  from  sale  of  land. 

Commth.  barred  after  twenty-one  years.  Informer 
receives  one-thirct  of  personal  property  and  one-fifth  of 
real  estate. 


EXECUTIONS. 

Issued  within  five  years  after  judgment,  or  revival 
thereof  or  expiration  of  stay.  On  special  verdict,  demur- 
rer or  case  stated,  twenty-one  days  must  elapse.  Lien  of 
test.  fi.  fa.  continues  five  years. 


PENNSYLVAXIA    LEGAL    TIME-TABLE.  o7 

In  case  of  personal  property,  demand  for  exemption 
must  be  made  before  the  day  of  sale.  In  real  estate, 
before  inquisition. 

Six  days'  notice  of  sale  of  personal  property  by  six 
handbills. 

[Phila.  Where  third  party  claims  goods,  interplead. 
Vide  Feigned  Issue.] 

Kent  for  one  year  and  wages  for  six  months  before 
sale  to  the  extent  of  $200  have  preference  out  of  fund. 

[Phila.  Executions  levied  on  real  estate  acquired 
after  judgment,  may  on  application  be  docketed  in  judg- 
ment index  and  bind  such  real  estate  for  five  years.] 

Stay  of  execution  is  computed  from  tJie  return  day  of 
the  writ.  Refers  to  judgments  upon  actions  ex  contractu, 
except  actions  of  debt  and  sci.  fa.  on  judgments  and 
mortgages.  Not  allowed  where  judgment  entered  on 
warrant  of  attorney.  Six  months  on  $200  or  under. 
Nine  months  up  to  $500.  Over  $500,  twelve  months. 
[Phila.  If  stay  be  entered  after  seven  days  from  judg- 
ment, defendant  must  pay  costs  of  execution  unless 
execution  executed.] 

If  fi.  fa.  has  been  issued  witliin  a  year  and  a  day,  sci. 
fa.  to  revive  unnecessary  as  to  personal  property. 

[  Vide  Justices,  Constables  and  Sheriff's  Sales.] 


EXECUTORS  AND  ADMINISTRATORS. 

Publish  notice  of  Letters  Testamentary  or  of  Adminis- 
tration in  one  paper  once  a  week  for  six  weeks.     [Phila. 


PENNSYLVANIA    LEGAL    TIME-TABLE.  59 

Vide  Advertisements.]  No  original  letters  granted 
after  twenty-one  years,  except  on  order  of  the  Court. 

Except  to  bond  within  one  year  after  the  inventory 
be  filed.  Register  notifies  administrator  or  non-resident 
executor  to  appear  within  ten  days.  Neglect  causes 
revocation. 

Two  appraisers  are  appointed.  File  inventory  within 
thirty  days  and  account  within  one  year.  If  additional 
goods  found,  file  inventory  with  Register  in  four  months 
after  discovery.  Statement  of  goods  sold  at  auction  by 
executor  or  administrator  should  be  filed  in  thirty  days. 

Notify  corporation  of  a  bequest  within  six  months. 

One  year  to  make  distribution,  and  to  pay  legacies  and 
debts,  except  wages  and  expenses  of  illness  and  death. 
After  six  months,  additional  further  distribution  may  be 
made. 

Creditors  should  present  claims  within  one  year,  if 
public  notice  be  given. 

Suit  of  administrator  d.  b.  n.  vs.  predecessor  must  be 
stayed  until  judgment  on  the  account,  when  it  is  filed 
twenty  days  before  the  term  succeeding  the  return  day 
of  the  writ. 

The  Court  in  which  a  suit  of  decedent  is  ^^ending  may 
issue  sci.  fa.  forcing  executors  or  administrators  within 
twenty  days  to  become  parties,  or  show  cause  at  the  next 
term.  If  they  are  out  of  the  State,  by  publication  in  a 
paper  convenient  to  them,  at  option  of  the  Court.  The 
case  will  be  continued  one  term. 

If  jDlaintifP  die,  and  no  letters  be  taken  out  in  this  State 
for  one  year,  suit  shall  abate,  one  month's  notice  being 
given  to  next  of  kin. 

Removal  from  State  for  one  year,  or  no  known  resi- 


PENNSYLVANIA    LEGAL    TIIME-TABLE.  Gl 

dence,  is  a  cause  for  the  removal  of  executor  or  adminis- 
trator. 

Balances  due  by  executors,  etc.,  may  be  by  transcripts 
made  a  lien  in  Com.  Pleas  Ct.,  and  revived  every  five 
years.  If  paid,  satisfaction  must  be  entered  within 
thirty  days  after  notice,  or  $50  penalty,  with  damages 
sustained. 

[  Vide  Decedent's  Estates,  Orph.  Ct.,  and  Register.] 


FEIGNED   ISSUES   IN   PHILADELPHIA. 

Sheriff's  interpleader  is  allowed  where  a  third  party 
claims  the  goods  levied  on  under  an  execution.  In  this 
issue,  the  claimant  becomes  the  plaintiff,  and  the  original 
plaintiff  the  defendant. 

The  claimant  must  file  narr.,  and  give  approved  bond 
within  fourteen  days  after  the  rule  to  interplead  be  made 
absolute. 

FOREIGN   ATTACHMENT. 

Writ  is  returnable  at  the  next  term. 

If  real  estate  and  no  tenant.  Sheriff  shall  advertise 
writ  for  six  w^eeks  in  one  paper,  and  file  a  description 
of  property  within  five  days  after  attaching.  [Phila. 
Vide  Adver.] 

Judgment  against  the  defendant  at  third  term  for 
want  of  an  appearance  after  narr.  filed.  Prothy.  assesses 
damages. 

Issue  scire  facias  to  garnishee  to  next  term.  [Piiila. 
Interroofatories  filed  and  o;arnishee  ruled  to  answer  in 
twenty  days.     Plaintiff  within  three  months  after  judg- 


PENNSYLVANIA    LEGAL   TIME-TABLE.  63 

ment  must  issue  sci.  fa.,  or  Court  may  on  motion  dissolve 
the  attachment.] 

Phxintiff  either  leaves  property  unsold  for  a  year  and 
a  day,  or  enters  security  to  restore  the  goods  or  their 
value,  if  defendant  within  a  year  and  a  day  after  execu- 
tion disproves  the  debt. 

Non-resisting  garnishee  is  not  liable  for  interest  after 
attachment  made. 

Where  one  defendant  is  summoned  and  the  other 
attached,  and  a  verdict  for  defendant  be  given,  the 
attachment  will  be  dissolved,  unless  a  writ  of  error  be 
taken  within  a  year  and  a  day. 


GROUND  KENTS. 

Two  nihils  are  equivalent  to  service. 

Alias  writ  covenant  should  be  served  on  tenant,  or 
posted  on  the  premises  ten  days  before  return  day,  and 
publication  be  inserted  in  one  or  more  papers,  as  the 
Court  directs.     [Phila.      Vide  Adver.] 

Phl^JTT-^"''"  "  '•'''''*'    ''''  "W^''<=^'^'«  only  to 
page  of  the  record  of  a  Ground  Kent  deed,  or  of  its 

GUARANTEE. 

A  promise  to  pay  the  debt  of  another  is  not  good 
where  $20  or  over,  unless  it  be  in  writing. 


PExXXSYLVANIA    LEGAL   TIME-TABLE.  63 

ment  must  issue  sci.  fa.,  or  Court  may  on  motion  dissolve 
the  attachment.] 

Plaintiff  either  leaves  property  unsold  for  a  year  and 
a  day,  or  enters  security  to  restore  the  goods  or  their 
value,  if  defendant  within  a  year  and  a  day  after  execu- 
tion disproves  the  debt. 

Non-resisting  garnishee  is  not  liable  for  interest  after 
attachment  made. 

Where  one  defendant  is  summoned  and  the  other 
attached,  and  a  verdict  for  defendant  be  given,  the 
attachment  will  be  dissolved,  unless  a  writ  of  error  be 
taken  within  a  year  and  a  day. 


GROUND   RENTS. 

Two  nihils  are  equivalent  to  service. 

Alias  writ  covenant  should  be  served  on  tenant,  or 
posted  on  the  premises  ten  days  befoi-e  return  day,  and 
publication  be  inserted  in  one  or  more  papers,  as  the 
Court  directs.     [Phila.      Vide  Adver.] 

File  within  two  weeks  after  return  day  of  the  first 
summons  a  copy  of  the  deed.     Also  file  narr. 

To  obtain  judgment  on  quarto  die  post,  the  alias  writ 
must  have  issued  ten  days  before  the  return  day. 

Twenty-one  years  is  a  limitation  to  the  action,  unless 
a  clear  acknowledgment. 


GUARANTEE. 

A  promise  to  pay  the  debt  of  another  is  not  good 
where  $20  or  over,  unless  it  be  in  writing. 


f 


PENNSYLVANIA    LEGAL    TIME-TABLE.  65 

GUARDIAN. 

Thirty  days  after  property  in  possession  is  allowed  to 
file  inventory.  Account  should  be  filed  every  three 
years  and  when  the  ward  arrives  at  age. 

The  Court  will  not  appoint  an  exr.  or  adrar.  a  guardian 
also.  Father  cannot  appoint  a  testamentary  guardian, 
when  for  one  year  before  his  death  he  wilfully  neglected 
the  child. 

Foreign  guardian  must  give  thirty  days'  notice  to 
resident  gdn.,  exr.  or  admr.  of  his  intended  application 
for  their  discharge  in  his  favor. 

Ward  at  age  of  fourteen  may  change  his  guardian. 

Where  guardian  applies  to  the  Court  for  leave  to  sell 
real  estate,  he  must  give  thirty  days'  notice  of  hearing  to 
minor  and  his  next  of  kin  in  the  county. 


HABEAS  CORPUS. 

Officer  within  three  days  must  make  return  to  writ,  or 
may  be  attached.  Ten  days,  where  party  lives  from 
twenty  to  one  hundred  miles  distant.  Twenty  days, 
where  over  one  hundred  miles.  Judge  has  two  days 
thereafter  to  take  bail  or  discharge  prisoner. 

[Phila.  Hearing  usually  on  Saturdays.] 

Person  not  indicted  at  the  next  term  shall  be  released 
on  bail,  where  wilful  delay  by  Commonwealth.  If  not 
indicted  and  tried  the  second  term  [Phila.  fourth  month], 
unless  by  defendant's  consent,  defendant  will  be  dis- 
charged. 

A  penalty  exists  for  not  delivering  to  prisoner  or  agent, 


PENNSYLVANIA    LEGAL    TIME-TABLE.  67 

six  hours  after  request,  a  copy  of  the  warrant  of  commit- 
ment. 

Two  years'  limitation  for  penalties  under  the  hab. 
Corp.  act.  If  party  be  out  of  prison,  the  limitation  dates 
from  the  offence,  otherwise  it  dates  from  freedom. 


INN-KEEPERS. 

A  lien  exists  on  baggage  for  board  not  exceeding  two 
weeks.  After  three  months,  justice  may  order  constable 
to  sell  after  ten  days'  posted  notice  in  three  places. 
Owner  may  redeem  up  to  sale  on  paying  debt  and  costs. 

[Allegheny.  Wages  may  be  attached  for  four  weeks' 
board.] 

INSOLVENTS. 

Six  months'  residence  in  State  or  three  months'  con- 
finement is  requisite  before  application  can  be  made  for 
discharge. 

[Phila.  Vide  Adver.  of  notice  to  Creditors.  Publi- 
cation fifteen  days  at  least  before  hearing,  or  personal 
notice  may  be  given  with  proof  filed  three  days  before 
hearing.] 

In  certain  judgments  for  torts,  imprisonment  for  sixty 
days  before  discharge  on  final  hearing.  Where  $15  or 
less,  thirty  days  or  less. 

Trustees  of  an  insolvent  should  give  notice  of  appoint- 
ment for  four  weeks  in  one  paper.  Make  distribution 
within  twelve  months. 

[Phila.  Prothy.  gives  notice  of  account  filed.  Vide 
Adver.] 


PENNSYLVANIA    LEGAL    TIME-TABLE.  69 

Kent  for  one  year  preferred. 

Court  may  exempt  from  execution  for  seven  years  on 
consent  of  a  majority  of  creditors  in  number  and  value. 


JUDGMENTS  IN  PHILADELPHIA  (IN  PART). 

(1.)  NoL.  PROS,  in  Supreme  Ct.  where  no  exceptions 
in  error,  and  no  record  filed  by  first  Monday  of  January. 

(2.)  NoN  PROS,  where  no  narr.  filed  after  rule  to  de- 
clare in  eight  days.  Time  often  enlarged  on  forty-eight 
hours'  notice  of  motion.  In  Supreme  Ct.  entered  where 
failure  after  notice  to  justify  bail. 

(3.)  Nonsuit.  Where  case  called  and  plaintiff  is  ab- 
sent, or  if  present  he  fails  to  make  out  his  case. 

(4.)  Upon  verdict,  after  four  days  elapse,  in  which 
motions  for  a  new  trial  and  arrest  of  judgment  may  be 
made. 

(5.)  Upon  demurrer.  Leave  is  usually  given  to  amend 
where  the  pleadings  are  defective. 

(6.)    NoN  OBSTANTE  VEREDICTO. 

(7.)  Upon  two  nihils  upon  certain  writs  of  sci.  fa. 

(8.)  For  want  of  a  plea.  Where  service  of  rule  to 
plead  in  eight  days.  Time  enlarged  on  forty -eight  hours' 
notice  of  motion. 

(9.)  For  want  of  an  appearance.  Where  writ  served 
and  narr.  filed  before  return  day.  If  ten  days'  service 
before  return  day,  judgment  may  be  taken  quarto  die  post. 
Aliter  fourteen  days  after  return  day.  In  U.  S.  Cts.  one 
week  must  elapse.  Not  applicable  to  ejectment,  partitions 
and  wTits  of  sci.  fa. 

(10.)   For  want  of  an  affidavit  of  defence.   Where 


PENNSYLVANIA    LEGAL    TIME-TABLE.  71 

plaintiff  has  filed  such  an  instrument  of  writing  as  is  re- 
quired by  Act  March  28,  1835,  or  affidavit  of  loan  or 
advance  required  by  Act  March  11,  1836,  within  one 
week  after  return  day,  or  if  filed  the  second  week,  has 
given  forty-eight  hours'  written  notice  of  his  intention  to 
apply  for  judgment  in  an  original  case,  or  where  an  ap- 
peal from  a  justice  and  no  affidavit  of  defence  to  copy  of 
claim  filed  in  such  time,  judgment  on  motion  on  third 
Saturday  after  return  day. 

(11.)  For  want  of  a  sufficient  affidavit  of  de- 
fence. Forty-eight  hours'  notice  of  hearing  of  rule  for 
judgment. 

JUDGMENTS. 

Lien  on  real  estate  for  five  years.  May  be  revived  by 
sci.  fa.,  which  must  be  prosecuted  to  judgment  in  five 
years,  or  the  lien  of  the  original  judgment  is  lost. 

Where  the  judgment  is  paid,  plaintiff  must  satisfy 
within  eighty  days  after  tender  of  charges,  or  maximum 
penalty  of  half  of  debt.  [Phila.  Where  judgment  of 
ten  years'  standing  has  been  paid  or  compromised  and 
no  satisfaction,  Court  may,  on  proof  shown,  order  the 
Frothy,  to  satisfy  after  personal  or  published  notice.] 

JUSTICES    OF    THE    PEACE    AND    MAGIS- 
TRATES. 

Summons  returnable  in  five  to  eight  days,  between 
hours  named,  with  four  days'  service. 

Where  plaintiff  is  a  non-resident  of  the  State,  or  de- 
fendant is  a  non-resident  of  the  county,  short  summons 


I 


PENNSYLVANIA    LEGAL    TIME-TABLE.  73 

may  issue  returnable  in  two  to  four  days  with  two  'days' 
service. 

Twenty  days  to  enter  stay  or  to  appeal  from  judgment 
over  $5.33,  the  day  of  judgment  excluded.  If  the  twen- 
tieth day  fall  on  Sunday,  Monday  is  in  time.  The  time 
is  extended  where  there  has  been  a  neglect  of  the  justice, 
or  where  a  rule  to  open  judgment  is  pending. 

If  both  parties  assent  to  transfer  case  to  referees  from 
justice,  no  award  unless  appeal  exceeds  $20. 

Stay  may  be  entered  even  after  twenty  days,  if  no  exe- 
cution issued.  The  bail  on  appeal  is  for  costs  only,  ex- 
cept in  capias  and  suit  for  wages.  Exrs.,  adnirs.  and 
gdns.  need  not  give  security. 

Enter  appeal  in  the  court  on  or  before  the  first  day  of 
the  next  term  after  it  was  taken.  [Phila.  File  appeal 
on  or  before  the  next  return  day  after  the  judgment,  by 
Act  May  1,  1861,  although  the  custom  is  to  file  the  ap- 
peal before  the  next  return  day  after  the  appeal  was 
taken.] 

No  nonsuit  except  for  want  of  an  appearance. 

Set-off  under  $100  must  be  presented  or  be  for  ever 
barred.  May  be  done  in  Court  on  ap^Deal.  Where  a 
judgment  by  default,  the  defendant  having  a  set-off,  may 
have  a  rehearing  within  thirty  days,  on  pi'oof  of  absence, 
sickness,  etc. 

Where  depositions  are  to  be  taken  out  of  the  county 
file  interrogatories,  serving  copy  on  opponent,  who  has 
four  days  to  file  cross  interrogatories.  Not  filed  where 
witness  is  in  the  county. 

After  five  years,  no  execution  unless  sci.  fa.,  or  amica- 
ble confession. 

Three  months  stay  of  execution  on  judgments  of  $20 


PENNSYLVANIA    LEGAL    TIME-TABLE.  75 

or  less ;  six  months  on  $60  or  less ;  over  $60,  nine 
months.  No  stay  allowed  in  judgment  for  wages  of 
manual  labor. 

Penalty  of  one-fourth  of  debt  when,  after  30  days' 
written  notice  of  payment,  plaintiff  neglects  to  satisfy  the 
judgment,  unless  in  fifteen  days  after  payment,  any 
defendant  forbid  him  by  writing  filed  with  justice. 

Where  capias  and  judgment,  and  sci.  fa.  against  bail, 
ten  days  allowed  to  deliver  up  principal.  Criminal 
returns  to  Q.  S.  Court  made  ten  days  before  session  of 
Court  to  which  returnable,  if  recognizance  have  been 
given. 

(A.)  Attachments  against  garnishees  returnable  in 
four  to  eight  days.  Served  like  summons.  File  inter- 
rogatories by  return  day,  to  be  answered  in  eight  days. 
Wages  and  salary  not  attachable  in  hands  of  employer. 
Plaintiff,  defendant  or  garnishee  may  appeal.  Claim 
exemption  before  day  of  hearing. 

(B.)  Attachments  on  property  for  intent  to  defraud 
creditors,  returnable  in  two  to  four  days,  with  two  days' 
service.  If  no  service,  issue  summons,  and  if  defendant 
not  found,  the  justice  will  proceed  in  his  absence.  De- 
fendant not  served  has  thirty  days  after  judgment  to 
apply  for  a  rehearing,  with  four  to  eight  days'  notice  to 
opponent.  Attachments  are  a  lien  for  sixty  days  from 
the  date  when  execution  could  issue.  If  ajDpeal  taken, 
lien  continues  sixty  days  from  final  judgment. 

(C.)  Upon  affidavit  and  bond  filed,  attachment  issues 
against  property  of  non-resident  of  State,  returnable  in 
two  to  four  days,  with  two  days'  service.  If  no  personal 
service,  issue  summons,  and  the  case  will  proceed  whether 
he  be  found  or  not.     No  exemption  allowed. 


PENNSYLVANIA    LEGAL    TIME-TABLE.  77 

Thirty  days'  full  written  notice  must  be  given  to 
justice  or  magistrate  of  an  intended  suit  for  his  official 
act,  which  suit  must  be  brought  within  six  months  after 
the  act  or  knowledge  thereof  by  plaintiff. 

Suit  against  surety  of  justice,  in  eight  years  from  the 
date  of  the  bond. 

Against  surety  of  magistrate,  in  six  years  from  the 
time  the  action  accrued. 


LANDLORD  AND  TENANT. 

Leases  for  more  than  three  years  must  be  in  writing. 

(A.)    To  RECOVER  POSSESSION. 

Where  the  tenancy  is  from  year  to  year,  give  three 
months'  notice  to  quit  before  the  year  expires.  If 
disobeyed,  issue  summons  returnable  in  four  to  eight 
days  before  justice  or  magistrate,  who  may  give  judg- 
ment of  possession,  with  damages  and  costs,  enforceable 
by  constable.  Ten  days  to  appeal  in  bail  absolute  for 
rent  and  costs  up  to  final  judgment.  [In  Phila.  the 
appeal  is  a  su^Dersedeas.] 

Where  a  lease  expires  at  a  definite  time,  and  also 
where  ownership  under  Sheriff's  deed,  after  three  months' 
notice  given  to  quit,  a  justice  or  magistrate  shall  issue 
writ  to  Sheriff  to  summon  twelve  freeholders  to  appear 
before  the  magistrate.  Summon  tenant  also.  Returna- 
ble in  four  days. 

If  the  tenant  allege  the  property  to  be  claimed  by 
another  than  plaintiff,  summon  such  psivtj  to  ai^pear  in 


PENNSYLVANIA    LEGAL    TIME-TABLE.  79 

six   days.     Claimant   may  give  bond  to  appeal  to  next 
Com.  Pleas  Ct. 

Where  the  lease  is  lost  or  the  date  be  unknown,  the 
tenant  must  furnish  to  the  landlord,  in  thirty  days  after 
written  notice  to  him,  the  date  such  tenancy  commenced. 
If  he  neglect,  the  landlord  may  give  three  months'  notice 
thereafter  to  quit.  If  the  tenant  swears  before  the  thirty 
days  expire,  that  he  cannot  give  the  date,  the  landlord 
may  give  him  six  months'  notice  to  quit. 

Tenant  in  arrears,  not  having  goods  over  amount 
exempted,  may  be  notified  between  April  1st  and  Sep- 
tember 1st  to  quit  in  fifteen  days,  and  in  thirty  days 
during  the  remainder  of  the  year.  If  he  disobey,  the 
magistrate  summons  him  to  appear  in  from  three  to  eight 
days.  Judgment  of  possession  with  costs,  enforceable  by 
constable,  who  has  ten  days  to  make  return.  Payment 
before  execution  stops  proceedings.  Five  days  after  such 
judgment  before  execution  issues  [Phila.  Ten  days.], 
in  order  to  allow  appeal,  which  is  in  bail  absolute  for 
rent  and  cost  up  to  final  judgment. 

[Phila.  If  tenant  remove,  leaving  insufficient  prop- 
erty for  three  months'  rent,  or  refuse  to  give  ,  security 
therefor  in  five  days  after  demand  or  to  deliver  posses- 
sion, magistrate  may  summon  lessee  in  five  to  eight  days, 
and  give  judgment  of  possession,  enforceable  by  constable. 
No  writ  of  possession  is  allowed  in  any  case  until  ten 
days  expire,  during  which  time  certiorari  may  issue.] 

(B.)  Distress. 

Must  be  made  in  the  daytime,  but  not  on  the  day  the 
rent  falls  due. 

Holding  a  note  or  judgment  does  not  bar  distress. 

Thirty  days  are  allowed  to  follow  goods  clandestinely 


PENNSYLVANIA    LEGAL    TIME-TABLE.  81 

removed,  not  in  hands  of  bona  fide  purchaser  without 
notice. 

Landlord  may  remove  the  goods  at  once,  or  leave  them 
on  the  premises  under  a  watchman  or  with  security. 
Must  have  tenant's  consent  to  let  goods  remain  more  than 
five  days  after  levy,  or  it  is  trespass.  If  last  day  falls  on 
Sunday,  Monday  is  in  time  to  remove  the  goods. 

If  in  five  days  after  the  day  of  the  distress,  the  tenant 
does  not  replevy,  the  j)arty  distraining,  aided  by  the 
Sheriff  or  constable,  may  appraise  and  after  six  days' 
notice  sell  the  goods. 

Landlord's  claim  for  one  year's  rent  is  preferred  out 
of  the  proceeds  of  any  execution  or  of  funds  in  assignee's 
hands.     [  Vide  E-eplevin.] 

[Phila.  and  Allegheny.  Thirty  days  to  follow 
goods  fraudulently  removed  before  the  rent  is  due.  The 
landlord  must  apportion  rent,  and  make  oath  that  it  will 
not  affect  bona  fide  purchasers.] 


LIMITATIONS. 

(A.)  Heal  estate. 

Entry  on  real  estate  barred  after  twenty-one  years' 
adverse  possession.  [Phila.  forty  years.]  Thirty  years 
is  the  extreme  limit  where  legal  disability.  If  proceed- 
ings abate,  three  years  to  recommence.  Six  years'  quiet 
possession  under  Sheriff's  deed  bars  objection  to  defects 
of  process  and  execution. 

Thirty  years'  continuous  possession  is  evidence  as  be- 
tween parties  litigant  that  the  Commonwealth  title  is 
divested.     Where  Commonwealth   might  have   claimed 


PENNSYLVANIA    LEGAL    TIME-TABLE.  83 

land  held  by  a  corporation,  twenty-one  years'  possession 
without  inquisition  by  Commonwealth  renders  such  title 
indefeasible  in  purchaser.  Twenty-one  years  after  death 
of  intestate  for  Commonwealth  to  claim  escheat. 

Ground  rents,  annuities  or  rents  charge  are  presumed 
released  or  extinguished,  unless  claimed  or  acknowledged 
within  twenty-one  years. 

Five  years  to  sue  for  specific  performance  of  real  con- 
tract or  damages  therefor,  or  to  enforce  equity  of  redemp- 
tion after  re-entry  for  conditions  broken  or  on  implied 
and  resulting  trusts,  except  where  concealed  fraud,  or  in 
trusts  where  lands  are  purchased  by  attorneys. 

In  ejectment,  sue  within  one  year  after  entry. 

Judgments  and  balances  due  by  exrs.  entered  in  Com. 
Pleas  Ct.  are  liens  on  real  estate  for  five  years  only,  un- 
less revived  by  sci.  fa. 

Probate  of  will  is  conclusive  as  to  real  estate,  unless 
contested  in  five  vears. 

Taxes  are  a  lien  for  five  years. 

Six  months  to  file  municipal  claims  and  mechanics' 
liens. 

Trespass  six  years. 

(B.)  Peesonal. 

Detinue,  trover,  replevin  for  goods  and  cattle,  action 
upon  account  and  upon  the  case  other  than  merchants'  ac- 
counts with  merchants,  factors  or  servants,  debt,  grounded 
on  lending  or  contract  without  specialty,  or  debt  for  ar- 
rearages of  rent  six  years. 

Running  or  mutual  accounts,  where  some  items  are  with- 
in six  years,  bar  the  statute.  Runs  from  the  discovery  of 
fraud.  Clear  acknowledgment  made  to  plaintiff  or  agent 
within  six  years  takes  the  case  out  of  the  statute.     Not  so 


PENNSYLVANIA    LEGAL    TIME-TABLE.  85 

if  made  by  executor,  though  he  need  not  plead  statute. 
Nor  by  defendant's  attorney,  nor  by  one  partner  after  the 
dissolution  of  firm.  Writ  issued  within  six  years  after 
original  bars  statute. 

A  claim  against  decedent's  estate  is  not  barred  where  six 
years  expire  after  the  death  and  before  the  settlement  of 
the  estate,  unless  an  action  against  personal  representative. 
Where  legal  disability,  date  from  removal. 

In  debt  on  bond,  sci.  fa.  on  judgment  and  collateral 
inheritance  tax,  payment  is  presumed  after  twenty  years. 

Five  years  against  railroad  for  use  of  land,  or  three 
years  after  road  operated,  and  two  years  for  penalties. 

Relatives  of  intestate  decedent  are  barred  as  to  claim 
for  personalty  in  seven  years. 

Usurious  interest  recoverable  within  six  months  from 
date  of  payment  of  debt. 

Illegal  fees  of  officers,  six  months. 

Penalties  under  habeas  corpus  Act,  two  years. 

Trespass  as  to  person,  assault,  battery,  menace  or  im- 
prisonment, two  years. 

Slander  and  libel,  one  year. 

Treason,  arson,  sodomy,  robbery,  burglary,  perjury, 
forgery,  counterfeiting  and  uttering  such  paper,  five 
years.    All  other  crimes  two  years  after  their  commission. 

Not  applicable  to  absentee  from  State. 

Six  years  where  misdemeanor  committed  by  officer  of 
corporation. 

After  reversal  or  arrest  of  judgment,  where  plaintiff 
gained  the  case  originally,  one  year  is  allowed  to  recom- 
mence. 

Two  years  for  error,  or  certiorari  to  the  Supr,  Ct. 


PENNSYLVANIA    LEGAL   TIME-TABLE.  87 


LIVERY-STABLE  MEN. 

Lien  exists  on  a  horse  for  its  keep. 

If  the  owner  does  not  pay  a  bill  of  $30  or  over  in 
fifteen  days  after  demand,  or  in  case  of  removal,  within 
ten  days  after  notice  of  amount  due,  and  demand  left  at 
usual  place  of  abode,  the  horse  may  be  sold  at  public  sale. 


LUNACY. 

Three  months  after  the  return  is  allowed  to  file  traverse 
of  inquisition. 

Committee  should  file  inventory  of  personal  estate, 
with  a  statement  of  the  real  estate  of  the  lunatic,  wdthin 
forty  days  after  the  trust  be  assumed.  An  additional 
inventory  should  be  filed  in  forty  days  after  any  new 
discovery. 

Where  a  party  in  prison  under  a  civil  action  is  reported 
insane  by  a  justice  to  a  Judge,  the  latter  gives  ten  to 
twenty  days'  notice  of  hearing  for  his  discharge  by  publi- 
cation, and  one  week's  notice  to  creditors. 

AVhere  a  decree  affects  real  estate,  file  a  certified  copy 
with  the  Recorder  within  six  months. 


PENNSYLVANIA    LEGAL    TIME-TABLE.  89 


MECHANICS'  LIENS. 

Must  set  forth  name  of  claimant,  of  reputed  owner  and 
of  contractor  or  builder,  if  contract  made  with  the  latter, 
amount  due,  nature  of  work  or  kind  of  materials,  time, 
locality,  size  and  number  of  stories,  or  other  description 
to  identify  it.     Usual  to  attach  bill  of  items. 

Claims  against  two  or  more  adjacent  buildings  should 
be  apportioned. 

Unless  buildings  are  on  one  lot,  file  distinct  claims. 

Claim  filed  within  six  months  after  work  done  or 
material  furnished  to  each  house.  INIay  count  from  last 
item. 

No  sci.  fa.  shall  issue  within  fifteen  days  of  the  succeed- 
ing return  day. 

If  defendant  be  not  found,  serve  writ  on  tenant,  aliter 
post  on  door  of  building. 

Other  lien  claimants  may  become  parties  to  the  action 
by  suggestion. 

Lien  expires  in  five  years,  unless  revived  by  sci.  fa. 

Claimant  may  be  required  to  file  affidavit  of  the 
amount  actually  due. 

May  be  ruled  to  sue  out  sci.  fa.  to  next  return  day,  or 
the  lien  be  stricken  off.  Defendant  may  give  bond  and 
have  lien  stricken  off. 

On  payment,  60  days  after  request  are  allowed  to 
satisfy,  or  penalty  of  one-half  the  claim  or  less. 

In  half  the  State  a  claim  for  $20  or  over  may  be  filed 
for  alterations,  additions  or  repairs  to  old  houses,  but  in 
Phila.  such  claim  must  be  for  more  than  $50,  and  the 


PENNSYLVANIA    LEGAL    TIME-TABLE.  91 

debt  have  been  contracted  by  the  owner,  or  by  the  tenant 
with  written  consent  of  the  owner,  a  copy  of  which 
assent  must  be  filed  with  the  claim. 


MOKTGAGES. 

Purchase  money  mortgages  recorded  within  sixty  days 
are  a  lien  from  the  date  of  execution.  Other  mortgages 
become  a  lien  when  recorded. 

If  two  mortgages  be  recorded  the  same  day,  the  fii-st 
one  brought  to  the  recorder  has  a  priority.  If  a  judg- 
ment and  a  mortgage,  they  take  pro  rata. 

Sci.  fa.  may  issue  one  year  after  the  mortgage  be  due, 
unless,  as  is  usually  the  case,  there  be  a  contrary  proviso. 
If  no  service,  alias  writ  and  judgment  on  two  nihils. 
Judgment  by  default  for  want  of  an  appearance  may  be 
taken,  where  service  and  no  apj)earance  on  quarto  die 
post,  and  where  writ  served  ten  days  before  return  day. 

Narr.  unnecessary,  description  with  reference  to  record 
being  embodied  in  praecipe.     No  stay  of  execution. 

Judgment  need  not  be  revived  after  five  years. 

Sell  under  a  levari  facias. 

Satisfaction. 

If  a  mortgage  be  not  satisfied  within  three  months  after 
payment  and  request,  penalty  not  beyond  amount  of 
mortgage.  If  payment  by  instalments,  on  request,  re- 
ceijDt  on  record  v/ithin  sixty  days,  or  penalty  of  amount 
of  instalment  or  less. 

Where  holder  dies  after  j)ayment,  or  removes  or  con- 


I 


PENNSYLVANIA    LEGAL    TIME-TABLE.  93 

tinue  absent  from  State  two  years,  neglecting  to  enter 
satisfaction,  petition  court  to  order  Sheriff  to  notify  rep- 
resentative in  the  county.  If  none,  advertise  once  a  week 
four  times  in  one  paper  to  mortgagee  to  appear  at  the  next 
term.     [Phila.    Vide  Adver.  also  as  to  lost  mortgages.] 

Where  the  mortgage  is  forged.  Court  will  order  Sheriff 
to  notify  mortgagee  or  representative.  If  not  found,  ad- 
vertise once  a  week  in  two  papers  for  eight  weeks  before 
next  term.  The  Court  in  default  of  defence  will  then 
order  satisfaction. 


MUNICIPAL  CLAIMS  IN  PHILADELPHIA. 

Must  be  filed  within  six  months  after  the  work  was 
done  or  the  materials  furnished  to  constitute  a  lien.  En- 
tered in  locality  index  of  court.  Expires  in  five  years, 
unless  revived  by  sci.  fa. 

Defendant  may  notify  plaintiff  or  city  solicitor  to  issue 
sci.  fa.  to  next  return  day,  fifteen  days  distant.  If  not 
done,  Court  may  strike  claim  from  record.  Before  writ, 
issues,  city  solicitor  must  search  for  owner,  and  if  found, 
give  him  ten  days'  notice.  If  out  of  city,  fifteen  days' 
notice  by  mail,  of  which  sworn  proof  must  be  given  be- 
fore judgment. 

Sci.  fa.  published  by  Sheriff  twice  a  week  for  two  weeks 
in  one  daily  paper,  with  posting  on  premises. 

Sales  January,  April,  July,  October. 

Equity  of  redemption  for  two  years  after  acknowledg- 
ment of  Sheriff's  deed,  on  payment  of  twenty  per  cent. 


I 


( 


PENNSYLVANIA    LEGAL    TIME-TABLE.  95 

on  amount  of  bid.     Property  of  minor  not  sold  until 
two  years  after  lie  becomes  of  age. 
[  Vide  Taxes.] 


NEW  TRIALS  IN  PHILADELPHIA. 

Motions  for  new  trials,  or  in  arrest  of  judgment,  or  to 
take  off  nonsuit,  must  be  made  and  reasons  assigned 
therefor  in  writing,  within  four  days  after  the  verdict. 
The  day  of  verdict  is  excluded,  also  Sunday,  where  it  is 
the  first  or  fourth  day  thereafter.  This,  too,  even  if 
points  reserved.  Copy  of  reasons  filed  must  be  served  on 
the  Judge. 

If  counsel  show  a  prima  facie  case  when  reached  on 
the  new  trial  motion  list,  his  motion  will  be  transferred 
to  the  argument  list,  when  opposing  counsel  will  be  heard. 


ORPHANS'  COURT. 

Citation  to  appear  is  returnable  in  not  less  than  ten 
days  from  the  date  of  the  application.  If  party  and 
surety  are  not  found,  issue  alias.  Publication  in  two  or 
more  papers,  as  the  Court  directs,  and  the  Court  makes 
decree.  If  defendant  within  five  years  and  one  year 
after  notice  appear  and  pay  costs,  he  may  be  heard. 

Within  five  years  after  final  decree  confirming  account 
of  exr.,  etc.,  for  errors  in  record,  the  Court  will  graat  re- 
hearing, with  right  of  appeal  for  one  year. 

Appeal  from  final  decree  of  Orph.  Ct.  to  Supr.  Ct.  in 


I 


PENNSYLVANIA    LEGAL    TIME-TABLE.  97 

three  years.  Shall  not  stay  execution  of  a  final  decree, 
unless  notice  and  security  within  twenty  days  after  the 
decree  was  made. 

Confirmation  of  appraisement  of  real  estate  is  conclu- 
sive, unless  appeal  to  Supr.  Ct.  in  three  months. 

[Phila.  Widows'  appraisement.  Vide  Adver.  Ex- 
/^eptions  presented  second  Saturday  after  notice  expires.] 

Notice  should  be  given  for  application  for  order  of  sale 
of  real  estate  devised;  also,  twenty  days'  notice  of  sale 
by  posting  and  publication  in  one  paper.  [Phila.  Vide 
Adver.]  Where  exr.,  etc.,  dies  after  sale,  and  no  succes- 
sor be  appointed  in  three  months.  Court  may  direct  the 
clerk  to  execute  a  deed.  So  also  where  the  exr.,  etc., 
neglect  for  eighty  days  after  notice  to  execute  or  deliver 
the  deed. 

Upon  non-resident  executor,  etc.,  producing  exemplifi- 
cation of  record,  the  Court,  with  thirty  days'  notice,  may 
discharge  resident  executor,  guardian,  etc. 

After  twenty  years  from  date  of  administrator's  bond, 
payment  is  presumed.  Where  additional  bond  by  order 
of  Court,  seven  years  gives  presumption  of  payment. 

Transcripts  of  amounts  found  due  by  auditor  may  be 
filed  in  Com.  Pleas  Ct. 

[  Vide  Decedent's  Estate,  Guardian,  Register,  Widow.] 

[Phila.  Exceptions  to  the  settlement  of  an  account 
or  to  a  decree  of  distribution  filed  with  copy  should  be 
handed  to  the  auditing  Judge  by  third  Saturday  after 
adjudication  filed.  Clerk  on  order  of  Court  approves 
security  of  guardian  or  trustee  under  $2000.  Where 
real  estate  is  valued  over  $1000,  applications  are  referred 
to  a  master  or  examiner.  Preliminary  injunctions  argued 
in  five  days,  unless  special  order.     Subpoenas  taken  out 


PENNSYLVANIA    LEGAL    TIME-TABLE.  99 

five  days  before  day  of  auditing  account.]     [  Vide  DejDO- 
sitions,  Commissions,  Advertisements  and  Auditors.] 

[Phila.  Auditors  are  only  appointed  when  all  parties 
request.  No  lien  on  report  for  fee,  but  may  attach 
therefor.     Audit  lists.      Vide  Advertisements.] 


PARTITION. 

The  writ  is  returnable  at  the  next  term. 

Service  of  the  summons  and  notice  of  the  inquisition 
should  be  made  on  resident  defendants  in  the  county 
twenty  days  before  the  return  day,  or  the  day  of  taking 
the  inquisition.  Aliter,  publish  the  substance  of  the 
writ  in  a  paper  once  a  week  for  six  weeks  prior  to 
the  return  day. 

A  party  taking  at  the  valuation  may  enter  security  to 
pay  the  other  heirs  their  proportions  in  one  year.  If  not 
so  taken,  the  Court  will  order  sale,  with  advertisement, 
twenty  days  before  the  sale.  If  the  lands  are  in  different 
counties,  sixty  days'  notice  must  be  given.  Defendants 
before  return  day  may  ask  the  plaintiff's  part  only  to  be 
set  out. 

If  the  sale  occur  two  years  after  decedent's  death,  the 
real  estate  is  not  liable  in  the  hands  of  a  purchaser  for 
the  debts  of  the  decedent. 

If  the  land  be  in  different  counties,  file  exemplifications 
of  record  of  inquest  in  all.  If  in  adjoining  counties, 
record  exemplifications  with  Sheriff's  deed  in  six  months 
after  execution  in  such  county. 

After  ten  days'  public  notice  of  a  writ  executed  and 


PENNSYLVANIA    LEGAL    TIME-TABLE.  101 

the  inquest  of  partition  be  returned,  final  judgment  may 
be  taken.  One  year  thereafter  to  present  matter  in  bar 
of  partition. 


PARTY  WALLS  IN  PHILADELPHIA. 

One  month  is  allowed  to  appeal  from  the  decisions  of 
surveyors  or  regulators.  Persons  under  disability  may 
appeal  within  three  years  after  the  disability  be  removed, 
or  one  year  after  notice. 

Building  inspectors  may  examine  dangerous  walls  on 
forty-eight  hours'  notice  to  owner  or  agent.  Owner  has 
three  days  to  appeal  to  the  board  of  surveys. 


PLEADINGS  IN  PHILADELPHIA. 

Pules  to  declare  or  plead  in  eight  days.  U.  S.  Court, 
two  weeks'  time ;  extended  by  Court  on  forty-eight 
hours'  notice  of  application.  Four  days  after  narr. 
served,  is  the  time  allowed  to  file  dilatory  plea. 

Notice  of  set-off  must  be  given  ten  days  before  the 
first  day  of  the  period  in  which  the  cause  is  down 
for  trial. 

Under  plea  of  payment  in  an  action  on  bond  or  other 
specialty,  defendant  must  give  thirty  days'  notice  before 
trial,  of  the  matter  to  be  offered  in  avoidance. 


PENNSYLVANIA    LEGAL    TIME-TABLE.  103 


PRACTICE. 

(Altered  in  Philadelphia,  Allegheny  and  many  other 
counties.) 

In  actions  in  Court  on  a  verbal  promise,  book  account, 
note,  bond  or  bill,  the  plaintiff  should  file  a  statement  or 
demand  by  the  third  day  of  the  term  to  which  the  action 
is  returnable.  Defendant  at  least  twenty  days  before  the 
next  term  should  file  his  statement  of  set-off,  if  he  has 
any,  or  of  the  amount  due  the  plaintiff.  Judgment  by 
default  where  the  defendant  does  not  appear  and  defend, 
or  of  nonsuit  where  the  plaintiff  does  not  appear  on  the 
third  day  of  the  next  term  after  return  day  if  the  term 
be  for  one  week,  or  on  the  second  Monday  of  the  term  if 
it  is  to  continue  two  weeks.  If  there  be  a  defence,  go  to 
a  jury. 


PROCESS. 

Writs  are  returnable  to  the  first  day  of  the  next  term, 
or  in  many  counties  to  the  first  Monday  of  the  next 
month,  at  the  plaintiff's  option. 

Except  in  Phila.  and  Allegheny,  ten  days  must  inter- 
vene between  the  day  on  which  a  summons  is  issued  and 
the  return  day ;  and  if  no  such  interval,  the  summons 
may  be  returnable  on  the  next  day  preceding  the  last 
day  of  the  term,  or  the  first  day  of  the  succeeding  term. 


•I 


PEXNSYLVAXIA    LEGAL    TOIE-TABLE.  105 

QUO   WARRANTO. 

Writ  is  returnable  at  discretion  of  Judge.  j\Iust  be 
served  ten  days  before  the  return  day,  like  a  summons. 
Judgment  may  be  taken  by  default. 


RAILROADS. 

Note.— The  Section  on  Railroads  is  probably  annul- 
led by  Section  21,  Article  III.,  of  the  Constitution  of 
1874. 

At   this   date,   May,   1875,   the   Supreme  Court    has 
.    g:iven   emphasis    to  that  Section,  as   to    one    point    at 
least,  in  Central  Railway  of  N.  J.  v.  Cook,  reported  in 
WeeJxli/  Notes  and  Lei^al  Intel.,  April,  1875. 

Where  an  owner  has  been  absent  and  unheard  of  for 
seven  years,  the  law  presumes  him  dead,  or  where  a  mar- 
ried woman  owns  real  estate  and  her  husband  has  aban- 
doned her  for  two  years,  the  Court  may  order  a  sale, 
which  may  be  partly  on  credit.  Advertise  by  twenty 
handbills  and  in  two  papers,  three  times  in  each.  The 
Court  may  authorize  a  private  sale.  Before  the  decree  be 
carried  into  effect,  twenty  days  is  allowed  from  its  entry 
to  ajDpeal. 

Trusts  for  the  accumulation  of  rents,  interests,  etc., 
shall  not  extend  over  the  life  of  the  grantor,  and  twenty- 
one  years  thereafter,  except  for  charities,  etc. 


PENNSYLVANIA    LEGAL    TIME-TABLE.  105 

QUO   WARRANTO. 

Writ  is  returnable  at  discretion  of  Judge.  Must  be 
served  ten  days  before  the  return  day,  like  a  summons. 
Judgment  may  be  taken  by  default. 


RAILROADS. 

Five  years  to  be  sued  for  occupancy  of  land,  or  three 
years  therefor  after  the  road  is  in  operation.  Two  years 
to  be  sued  for  penalties,  and  one  year  for  damages  for 
injuries  received  through  negligence. 

No  limit  as  to  amount  of  damages  except  when  death 
results  from  injuries  received. 


REAL  ESTATE. 

Where  an  owner  has  been  absent  and  unheard  of  for 
seven  years,  the  law  presumes  him  dead,  or  where  a  mar- 
ried woman  owns  real  estate  and  her  husband  has  aban- 
doned her  for  two  years,  the  Court  may  order  a  sale, 
which  may  be  partly  on  credit.  Advertise  by  twenty 
handbills  and  in  two  papers,  three  times  in  each.  The 
Court  may  authorize  a  private  sale.  Before  the  decree  be 
carried  into  effect,  twenty  days  is  allowed  from  its  entry 
to  appeal. 

Trusts  for  the  accumulation  of  rents,  interests,  etc., 
shall  not  extend  over  the  life  of  the  grantor,  and  twenty- 
one  years  thereafter,  except  for  charities,  etc. 


PENNSYLVANIA    LEGAL    TIME-TABLE.  107 


KEGISTER  OF  WILLS. 

Where  a  will  contains  a  legacy  or  a  bequest  to  a  pub- 
lic corporation,  the  register  must  notify  the  officers  by 
letter  within  six  months. 

The  register  may  file  his  bill  of  costs  and  fees  in  any 
matter  in  the  Com.  Pleas  Ct.  after  thirty  days  from  the 
time  they  were  due,  and  issue  execution  in  the  name  of 
the  Commonwealth. 

Thirty  days  having  expired  after  the  account  of  an 
exr.  or  admr.  has  been  filed,  the  register  shall  send  certi- 
fied copy  to  the  Orph.  Ct.,  and  advertise  in  two  papers 
four  weeks,  also  post  in  seven  places.  [Phila.  Vide 
Adver.] 

May  cite  a  party  holding  a  will  to  deposit  it  for  probate 
within  fifteen  days,  and  cite  witnesses  in  the  county  or 
within  thirty  miles  in  the  State  to  appear  at  a  day  not 
less  than  five  days  distant. 

Nuncupative  wills  cannot  be  probated  until  fourteen 
days  after  the  death  of  the  party.  Testimony  thereon 
will  not  be  admitted  after  six  months,  unless  committed 
to  writing  by  the  witness  within  six  days. 

Appeals  from  Register  to  Orph.  Ct.  three  years;  to 
Supr.  Ct.  one  year,  where  over  $150  is  involved. 


PENNSYLVANIA    LEGAL    TIME-TABLE.  109 


.     REPLEVIN. 

Limitation  six  years.     Two  kinds. 

(1.)  In  the  detinet,  where  the  defendant  in  replevin 
retains  jiossession  by  filing  claim  property  bond,  which 
cannot  be  done  in  rent  cases. 

(2.)  In  the  detinuit,  where  the  plaintiff  obtains  the 
goods.  In  the  latter  case  the  defendant  usually  rules 
the  plaintiff  to  declare  [Phila.  in  eight  days],  then  de- 
fendant may  file  avowry  and  cognizance,  and  rule  plain- 
tiff to  plead.  Pleas  are  non  cepit,  no  rent  in  arrear,  Stat, 
of  limit.,  property  or  justification  and  avowry  or  cogni- 
zance, or  in  abatement,  that  property  is  in  third  person. 

[  Vide  Landlord  and  Tenant.] 


SHERIFF. 

The  Court  may  enforce  the  return  of  writs  and  pay- 
ment of  money  by  attachments  at  any  time  within  two 
years  after  the  Sheriff's  term  expires.  Suits  against 
Sheriffs  for  excessive  fees  must  be  brought  within  six 
months.  Other  suits  on  his  bond  within  five  years  after 
the  recognizance  was  given. 


PENNSYLVANIA    LEGAL    TIME-TABLE.  Ill 


SHERIFF'S  SALES. 

The  Sheriff  should  give  five  days'  notice  of  holding- 
inquisition  personally  or  by  handbills.  [Phila.  Held 
on  Friday  before  return  day.]  If,  on  proof  shown,  he 
find  seven  years'  rent  will  pay  the  debt  and  costs,  the 
plaintiff  can  obtain  the  land  under  a  writ  of  liberari 
facias,  and  collect  the  rents  until  his  judgment  be  paid, 
or  until  the  land  be  sold  under  another  execution.  May 
be  waived  by  the  plaintiff,  and  the  defendant  allowed  to 
retain.  The  Sheriff  has  ten  days  thereafter  to  notify  the 
defendant,  who  accepts  or  rejects  in  writing  in  thirty  days. 
If  he  assent  and  is  in  default  of  payment  of  any  semi- 
annual instalment  in  thirty  days,  the  plaintiff  may  issue 
a  writ  of  vend.  ex. 

In  executions  upon  life  estates,  where  the  defendant  or 
occupant  gives  the  plaintiff  three  days'  notice  before 
inquisition,  the  Sheriff  appraises  annual  value,  and  gives 
thirty  days  to  elect  to  pay  such  value  in  semi-annual 
instalments.  Aliter,  act  as  if  a  fee  simi3le,  giving  ten 
days'  notice  of  application  for  a  writ  of  vend.  ex. 

The  Sheriff's  sale  must  be  made  on  or  before  the  return 
day,  or  within  six  days  thereafter.  Bills  should  be  posted 
ten  days  before  the  sale. 

Publish  sale  of  real  estate  in  two  papers,  one  in  Eng- 
lish and  the  other  in  German,  if  one  in  the  county,  once 
a  week  for  three  weeks.     [Phila.    Vide  Advertisements.] 

Deeds  are  acknowledged  on  the  first  Monday  of  term, 


PENNSYLVANIA    LEGAL    TIME-TABLE.  llo 

or  upon  any  Saturday  in  open  court.  One  week  after 
the  return  day  must  expire. 

Where  lien  creditors  purchase,  the  return  shall  be  read 
in  Court  on  the  Saturday  succeeding  the  filing  of  the 
return,  and  exceptions  to  the  purchaser's  right  to  the 
proceeds  of  the  sale  may  be  filed  with  the  Prothy.  by  the 
next  Wednesday,  and  the  purchaser  be  ruled  to  show 
cause  why  the  sale  should  not  be  set  aside,  returnable  the 
next  Saturday.  If  the  Court  believe  the  lien  creditor  is 
not  entitled,  the  rule  will  be  made  absolute,  and  unless 
the  purchaser  within  ten  days  after  the  decision  pay  the 
purchase  money  to  the  Sheriff,  the  Court  may  grant  an 
issue  or  refer  to  an  auditor. 

[As  to  the  process  of  obtaining  possession  after  sale, 
vide  Justices  and  Landlord  and  Tenant.  Also  vide  Ex- 
ecutions and  Partition.] 


TAXES  IN  PHILADELPHIA. 

Registered  taxes  are  a  lien  for  five  years  from  January 
1  of  the  year  after  they  are  due.  If  a  suit  be  pressed 
thereon,  the  lien  dates  from  the  judgment. 

Suit  may  be  sci.  fa.  or  by  summons,  but  is  almost 
invariably  by  sci.  fa.  Act  March  11,  1846,  orders  in 
case  of  sci.  fa.  that  there  shall  be  posting  on  premises  and 
advertisement  twice  a  week  for  two  weeks  in  one  paper 
before  the  return  day. 

If  the  land  does  not  bring  enough  to  pay  taxes,  sale 
stayed,    unless    the   city  purchase.     Property  then    not 


PENNSYLVANIA    LEGAL   TIME-TABLE.  115 

irredeemable  unless  six  months'  previous  notice  be  pub- 
lished by  the  city  solicitor,  after  which  he  may  sell  with 
same  notice  as  in  Orph.  Ct.  sales. 

Eqiffty  of  redemption  within  two  years  from  the 
acknowledgment  of  Sheriff's  deed. 

Tax  sales  by  the  Sheriff,  January,  April,  July,  October. 

[  Vide  Municipal  Claims.] 


TRIAL  BY  JURY. 

Parties  not  acting  in  a  fiduciary  capacity  may  waive  a 
jury  trial,  and  by  agreement  filed  submit  the  decision  to 
the  Court,  which  decision  shall  be  in  writing  and  filed 
wifehin  sixty  days.  If  no  exception  be  filed  in  thirty 
days  after  notice,  judgment  shall  be  entered. 

Judges  must  see  that  all  cases  shall  be  reached  and 
have  a  fair  opportunity  for  trial  within  one  year  after 
they  were  commenced. 

[Phila.  Causes  must  be  at  issue  before  the  venire 
goes  out,  which  is  thirty  days  before  the  period. 

Causes  transferred  to  another  term  must  be,  by  writ- 
ten consent  of  both  parties,  filed  three  weeks  before  the 
period. 

When  by  mistake  of  the  clerk  a  case  is  omitted  from 
the  trial  list,  either  party  may  order  it  on  with  ten  days' 
notice  before  the  day  marked  for  trial. 


PENNSYLVANIA    LEGAL    TIME-TABLE.  117 


TRUSTEES. 

In  trusts  for  life  or  marriage,  trustee  at  the  end  of 
three  years  may  be  cited  to  file  account  on  thirty  days' 
notice.  When  filed,  the  Court  may  cite  parties  in  inter- 
est to  appear  on  a  day  between  twenty  and  thirty  days 
thereafter,  to  show  cause  why  the  trustee  should  not  be 
discharged. 

Appeal  to  the  Supr.  Ct.  from  the  Com.  Pleas  Ct.  in 
three  years. 

[Phila.      Vide  Advertisements.] 


UNSEATED  LANDS. 

Sixty  days'  notice  of  sale  for  taxes  in  two  papers. 
Sale  to  commence  the  second  Monday  of  June.  Pur- 
chaser, after  paying  taxes  and  costs,  gives  surplus  bond 
to  county  treasurer  for  balance.  The  bond,  when  en- 
tered, is  a  judgment  for  five  years,  upon  which,  after 
three  months  from  entry,  execution  may  issue.  Two 
years  to  redeem,  with  twenty-five  per  cent,  additional. 
Actions  for  recovery  barred  after  five  years  from  sale,  or 
two  years  from  removal  of  disability.  [^Vide  Ejectment, 
as  to  unoccupied  land.] 

If  lands  are  purchased  by  county  commissioner,  not. 


PENNSYLVANIA    LEGAL    TIME-TABLE.  119 

bringing  enough  to  pay  taxes,  five  years  are  allowed  to 
redeem,  ilhen  the  commissioner  sells  after  thirty  days' 
notice  in  county  paper  and  six  posters. 


VIEWERS. 

Appeals  from  assessments  of  damages  made  by  viewers 
to  Com.  Pleas  Ct.  within  thirty  days  after  ascertainment 
of  them  on  the  filing  of  a  report  thereon. 


WAGES. 

Lien  on  money  in  Sheriff's  hands  for  labor  to  the  ex- 
tent of  $200  done  within  six  months,  if  claimed  by  notice 
to  Sheriff  before  sale. 

Appeals  from  judgments  before  justice  for  wages  must 
be  for  debt  as  well  as  costs. 

Orders  on  employers  from  operatives  ten  days  before 
wages  due  to  pay  contributions  to  charitable  institutions 
are  a  lien  thereon. 

Cannot  be  attached  for  debt.  [Except  in  Allegheny. 
Vide  Innkeepers.] 


WARRANT  OF  ARREST  IN  CIVIL  ACTIONS. 

[Seldom  resorted  to  in  Philadelphia.] 
Defendant  released  on  giving  security  to  pay  debt  in 
sixty  days,  if  time  for  stay  has  expired,  or  when  stay 


PENNSYLVANIA    LEGAL    TIME-TABLE.  121 

shall  expire,  if  over  sixty  days  distant.  Same  rule 
where  a  judgment  has  not  been  obtained. 

Where  allegation  of  intended  fraudulent  removal,  a 
bond  may  be  given  not  to  remove  or  sell  property  until 
the  debt  be  paid,  or  until  thirty  days  after  the  final  judg- 
ment in  the  suit.  The  defendant  will  be  released  on  giv- 
ing security  that  within  thirty  days  he  will  apply  for  the 
benefit  of  the  insolvent  law. 

Thirty  days  shall  intervene  between  the  time  of  pre- 
senting this  petition  and  the  time  of  hearing  the  same. 


WASTE. 

Remainder  men  must  give  five  days'  notice  to  tenant 
in  possession  before  estrepment  issues. 


WIDOW. 

One  year  to  elect  to  take  under  will  or  dower,  with 
knowledge  on  her  part  of  the  estate.  Where  intestacy. 
Court  within  one  year  may  order  inquest  to  find  her  in- 
terest in  her  husband's  real  estate.  [Phila.  Vide  Ad- 
vert, as  to  claim  for  $300  appraisement.] 

Where  she  claims  out  of  real  estate  worth  less  than 
$600,  Orph.  Ct.  may  set  it  apart  for  her,  and  give  her 
one  year  to  pay  appraised  excess  over  $300. 

If  one  year  expire  after  the  representative  of  decedent 
obtains  his  real  estate  and  no  partition  have  been  made, 
the  widow  may  ask  the  Court  to  award  inquest. 


PENNSYLVANIA    LEGAL   TIME-TABLE.  123 

f 

WITNESSES  IN  PHILADELPHIA. 

Take  subpoena  out  five  days  before  the  day  assigned 
for  trial,  or  the  action  will  not  be  continued  for  the  ab- 
sence of  the  party,  if  he  were  at  his  residence  in  the 
mean  time. 

Apply  for  attachment  before  11  o'clock  on  the  day 
fixed  for  trial,  unless  witness  was  in  attendance  and  left 
without  leave. 


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